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MUHAMMAD ATTIQUE versus JAMI LIMITED


AXXI, RR 54 and 67 Declaration of Implementation Decision The procedure for declaring the sale of immovable property for sale is directory provided that these provisions exist only in OXI, RR 54 & 67, CPC and Were not mandatory. Therefore, failure to comply could not invalidate the auction. Such dispute was valid as long as it did not cause prejudice with any stakeholder, but where it was otherwise, the aforesaid provisions Failure to comply could not be eliminated for any reason. If the failure to comply with the said provisions after the application of the mind resulted in injustice, the court had to revoke the sale, as it was said, to enforce the provisions and not obstruct justice.

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